Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FER17 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCAFC 106 Appeal from: FER17 v Minister for Immigration & Anor [2018] FCCA 3767
File number: SAD 3 of 2019
Judges: KERR, WHITE AND CHARLESWORTH JJ
Date of judgment: 24 June 2019
Catchwords: MIGRATION – whether the meaning of "a national" as appears in the definition of "receiving country" in s 5 of the Migration Act 1958 (Cth) applies to a person who does not have a present status of a citizen of another country but is capable of acquiring that status – meaning does not apply in such a circumstance PRACTICE AND PROCEDURE – discretion of judge not to grant relief notwithstanding jurisdictional error being established – whether appeal governed by principles in House v The King [1936] HCA 40; 55 CLR 499 – error of principle established
Legislation: Migration Act 1958 (Cth) ss 5, 5H, 5J, 36, 91M, 91N, Pt 7AA Citizenship Act 1948 (Sri Lanka) s 5(2)
Cases cited: FER17 v Minister for Immigration [2018] FCCA 3767 Fox v Percy [2003] HCA 22; 214 CLR 118 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 359 ALR 1 House v The King [1936] HCA 40; 55 CLR 499 Lay Kon Tji v Minister for Immigration & Ethnic Affairs [1998] FCA 1380; 158 ALR 681 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 262 CLR 362 VSAB v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 239
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